I live in Pennsylvania. My wife and I were separated, and one weekend while the children were in my care, a care giver notice that my son had a soft spot on his head. There was nothing else out of the ordinary other than my son was fussy on occassion, but he was equally happy, i.e. laughing, behaving as if nothing was wrong.
The care giver casually pointed the spot out to me on Saturday night late (I left him alone with her during the entire day). The next day, she suggested that I take him to the hospital to have it checked out. This individual was constantly claiming that my ex-wife was abusing my children, so I did not see her as credible. I did, however, agree to call a nurse friend. As soon as I received a call from the nurse, I decided to take my son to the ER (on Sunday evening) to have it checked out.
After an examination and x-rays, I was floored when the doctors had advised me that he had a fractured skull. Because I was separated from my spouse, they immediately launched an investigation and asked me to voluntarily place my one son in Foster care. I was told verbally that it would be 3 - 5 days, and it was one month as they completed their investigation.
CYS found me very cooperative and even stated that they wanted to release the child to me. After several coversations with my babysitter (she yelled at the investigator and he hung up on her), they suspected her. She was seemingly good with my children, and they appeared upset that I could not or would not say that I saw her do something to my child (I saw her do nothing and thought that if she would have injured my child, she would have told me).
After several conversations with her, they called me in and asked me to come in and give them some additional information so that they wouldn't charge me. I had nothing to give them. I saw nothing or did nothing. I spoke to my divorce attorney and she advised me to get a criminal attorney. I did and brought him in on my second interview and they seemed mifted because I brought an attorney.
CYS ended up charging me for medical neglect and as a coperpetrator for child abuse (indicated). I love my children with all of my heart and was always over protective of them. My two boys mean everything in the world to me.
They forbided me to see my children without adult supervision, (M - F only when I was required to work).
I went into a deep depression and sought counseling. I hired a very smart attorney and we appealed. The judge essentially said in the hearing that I would be expunged, but asked both parties to submit final briefs. I am awaiting my expungement results and based upon the way the hearing went, I expect positive results. We hired a world-renouned physician who found many faults in their investigation and pin pointed the accident time (when I clearly could not have done it.)
I have now spent over $25,000 defending myself. CYS was very careless in filing charges against me. They got upset with the baby sitter and then got upset because I refused to say that I saw her do anything.
I hear that they have very little accountability in these situations. As soon as I have officially been expunged, I would nothing more than to sue CYS for my attorney fees, pain and suffering, and keeping me from my boys. Can anyone give me an angle whereby I might be able to sue them under these circumstances? This has been a very rough year for me and has set me back in my life.
I read about Child Abuse cases all the time and firmly believe that CYS should take action when warranted. I am a professional and have never violated the law and don't ever intend to. I do ever want any other family to go through what I did when they acted on a grudge versus the facts.